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The state’s civil and criminal court systems abide by statutes of limitations. These statutes set deadlines for when a plaintiff or prosecutor must formally initiate legal proceedings once they have cause to do so. These deadlines are meant to ensure that critical evidence is not lost or destroyed when cases actually begin and that prospective defendants are not under the indefinite threat of legal action.
In practice, though, the statute of limitations in Philadelphia medical malpractice cases can be very restrictive for people seeking to build a strong claim against negligent doctors within a short timeframe. An experienced medical malpractice attorney from Lowenthal & Abrams can help you file suit as efficiently as possible.
How Much Time Do Malpractice Victims Have To File a Suit?
You may file suit over medical malpractice in Philadelphia under the same statute of limitations as other personal injury victims, which is codified in 42 Pennsylvania Consolidated Statutes § 5524. Under this statute, a person who is injured through another’s misconduct has two years to file a lawsuit from the date they first discovered or reasonably should have discovered that they were harmed.
Notably, this is intentionally worded so that the starting point for the two-year filing period can be delayed to account for scenarios in which an injured person takes some time to realize they were hurt as a result of malpractice. For example, their injury may have taken several weeks or months to become apparent, or their doctor may have engaged in fraudulent behavior to conceal their misconduct.
There used to be a statute of repose prohibiting malpractice victims from beginning a lawsuit more than seven years after actually sustaining harm, regardless of when they discovered that harm. However, the Pennsylvania Supreme Court declared that rule unconstitutional in 2019.
Other Important Deadlines During Medical Malpractice Claims
If you intend to sue for medical malpractice, you must have support for your claim from at least one qualified medical expert in the form of a signed affidavit of merit. This affidavit must be submitted either with your initial complaint or within 60 days of the submission of that complaint.
Insurance companies representing negligent doctors may have their own internal deadlines for filing claims against malpractice insurance policies. Guidance from a knowledgeable legal professional can be crucial to identifying exactly how much time is available to construct and file a medical malpractice claim in Philadelphia and then to making the most effective use of the time granted by those limits.
Speak With a Philadelphia Attorney About the Statute of Limitations for Your Medical Malpractice Claim
Medical malpractice claims can be exceptionally complex, even when compared to other types of personal injury litigation. Unfortunately, the statute of limitations in Philadelphia medical malpractice cases can make it difficult to build an effective claim within the deadline. You may have trouble navigating through all the complexity to effectively enforce your rights, especially if you try to file suit without support from capable legal counsel.
Working with a malpractice lawyer from Lowenthal & Abrams will give you a far better chance of case success than if you were to pursue your claim on your own. Call today to schedule a consultation and discuss your recovery options.
